IP Case Digest · Trade Marks

Xiaomi Inc. v. The Registrar of Trade Marks, C.A.(COMM.IPD-TM) 150/2021

Case number
C.A.(COMM.IPD-TM) 150/2021
Date of judgment
Judge
Sanjeev Narula
Outcome
Dismissed

Headnote

A refusal was upheld. The disputed element of the mark was a slight alteration of a registered certification mark which has acquired generic meaning, so its use could mislead the public into thinking the goods were certified. A disclaimer would not cure it, because disclaimers are never communicated to the public at large and the comparison must be of the distinctive elements on which exclusivity is claimed.

Read the judgment (PDF)

Disposition

Dismissed. The Court declined to interfere with the impugned decision.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.